In some ways, the fact that each “stage” of the process of Federal Disability Retirement is independent from each other, is a “given”. When a Federal Disability Retirement application is denied at the Initial Stage of the process, then again at the Reconsideration Stage of the process, it is considered a positive part of the administrative process that the Merit Systems Protection Board will evaluate and decide the case “de novo”, or “anew” or “afresh”, without regard to what the Office of Personnel Management stated, decided, affirmed or concluded.

To that extent — to have an independent eye and an evaluation unbiased by prior analysis — is a good thing. However, when one reads the decision of the Office of Personnel Management at the Initial denial of the application, then again at the Reconsideration denial of the application, it is somewhat disconcerting that neither OPM Representatives relied upon the analysis of the other. What this allows for, of course, is an independent review by both the Initial Stage of the application and the Reconsideration Stage of the application, and while such independence of review can be seen in a positive light (again, that one OPM Representative is not influenced or biased by the views of the other), more often than not, what happens is that the Reconsideration Stage OPM Representative merely comes up with new and previously unfounded arguments upon which to deny the application a second time.

In short, it is difficult to stabilize the arguments upon which OPM relies, in order to answer and refute them. That is why the MSPB’s approach of viewing a case de novo is important. For, by ignoring the malleability of OPM’s reviewing process, one may get an objective and truly independent analysis and evaluation of the case. Independence is an important component of “fairness”; objectivity is an integral element; and integrity is the filament which holds the law together.

Seven False Myths about OPM Disability Retirement

1) I have to be totally disabled to get Postal or Federal disability retirement.
False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job. Thus, it is a much lower standard of disability.

2) My injury or illness has to be job-related.
False: You can get disability even if your condition is not work related. If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

3) I have to quit my federal job first to get disability.
False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.

4) I can't get disability if I suffer from a mental or nervous condition.
False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

5) Disability retirement is approved by DOL Workers Comp.
False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

6) I can wait for OPM disability retirement for many years after separation.
False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.